Pawan Kumar Aggarwal Vs. State of Punjab & Ors.

[Civil Appeal No.3789 of 2016 arising out if SLP (C) No. 5502/2014]

KURIAN, J.

1. Leave granted.

2. It is not in dispute that though an award was passed in respect of the land belonging to the appellant, the appellant has not been dispossessed and hence the appellant is entitled for the protection under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

In fact, we find that in respect of the same very acquisition Notification in a situation where the possession is still retained by the owner, this Court by Judgment dated 22.01.2015 in C.A.No.7424 of 2013 titled Karnail Kaur & Ors. Vs. State of Punjab & Ors. reported in 2015 (3) SCC 206 has quashed the Notification, therefore, this appeal is allowed. Proceedings for acquisition in respect of the land belonging to the appellant covered by this appeal stand quashed.

.....................J. [KURIAN JOSEPH]

.....................J. [ROHINTON FALI NARIMAN]

NEW DELHI;

APRIL 11, 2016

 Back